In no case shall a construction permit be issued for the erection or structural alteration of any building or structure nor shall a certificate of occupancy be issued for any structure or use unless a construction/zoning permit or an occupancy/zoning permit, as the case may be, has been issued.

No construction/zoning permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof unless the Zoning Officer finds that the plans and intended use conform in all respects to the provisions of this chapter and that all approvals required by the provisions of this chapter have been granted.

Whenever a construction permit is issued, a copy of the construction/zoning permit authorizing the issuance of the construction permit shall be attached thereto for delivery to the person receiving the construction permit.

The Zoning Officer may revoke any construction/zoning permit if he finds that actual conditions or construction do not adhere to the plans, specifications, terms, conditions or approvals upon which the construction permit was issued or if he finds any violation of any applicable municipal or State regulation.

The Zoning Officer shall give notice of the revocation of a construction/zoning permit by delivering a written notice thereof to the owner, occupant or any person engaged in the performance of work on the subject property. A copy of such written notice shall also be delivered to the Construction Official and Building Subcode Official.

Once notice of the revocation of a construction/zoning permit has been given by the Zoning Officer as herein provided, no person shall perform any work upon the subject property, except such work as is necessary to correct any deviation or violation giving rise to the revocation of the construction/zoning permit, until such permit shall have been reinstated by the Zoning Officer when he is satisfied that any deviation or violation has been corrected.

No occupancy/zoning permit shall be issued unless the Zoning Officer finds that the subject property conforms to the provisions of this chapter and any terms, conditions and approvals upon which the construction permit was issued. No occupancy/zoning permit shall be issued if the Zoning Officer is aware of any violation of any municipal or State regulation on the subject property.

Every occupancy/zoning permit shall state the permitted and intended use of land, building or structure and any conditions imposed by any public agency, code or regulation by specifying such conditions or referring to a public document setting forth such conditions.

Any change in use or any additional use will be treated as a new use and a new occupancy/zoning permit shall be required. A change in the occupancy of a non-residential building or any portion thereof shall constitute a new use. Prior to the issuance of a new occupancy/zoning permit for a new use, change in use or additional use, all provisions of this chapter shall be complied with as though the new use were a new structure or a new use of land.

Whenever a certificate of occupancy is issued, a copy of the occupancy/zoning permit authorizing the issuance of the certificate of occupancy shall be attached thereto for delivery to the person receiving the certificate of occupancy.

Copies of all construction/zoning permits and all occupancy/zoning permits shall be kept on file in the office of the Zoning Officer.

Minimum Area. Each townhouse development shall have a minimum area of 25 acres. Public or private roads, easements or rights-of-way shall not be deemed to divide acreage of a townhouse development.

Maximum Density. There shall be no more than three dwelling units per acre.

Maximum Coverage. The total ground floor area of all buildings shall not exceed 15% of the lot area of the townhouse development. The total area of all impervious surfaces shall not exceed 30% of the lot area of the townhouse development.

No principal building shall be located within 75 feet of a public street or townhouse development property line nor within 25 feet of any internal roadway.

No dwelling structure shall have more than two continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

Height. No building shall exceed 2 1/2 stories or 35 feet whichever is the lesser.

Units Per Building. No townhouse dwelling structure shall contain less than two nor more than six townhouse dwelling units.

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a room for storage and utilities, and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum Floor Area. Each dwelling unit shall have a minimum floor area, as "floor area" is defined in Article 2 of this chapter, in accordance with the following schedule:

No room within the dwelling unit intended for human habitation shall be located in a basement or attic except that a basement may contain a family room or recreation room.

Each townhouse shall have at least two private outside entrances.

Each townhouse shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more townhouses shall be permitted.

Each townhouse shall have at least one individual private yard area, open patio or court adjoining the unit and having a width of at least 15 feet and an area of at least 150 square feet. Each private yard area, patio, court or deck shall be effectively screened in order to provide a reasonable degree of privacy.

In addition to the above requirements, a storage space with separate access and containing a minimum of 80 square feet of floor area shall be provided for each dwelling unit in the basement of the building in which the unit is located or in the garage serving the unit. Storage space located in a garage shall not encroach upon or be located above a minimum area of 10 feet by 10 feet by 20 feet for the parking of a motor vehicle.

Setbacks. Accessory buildings shall meet the street, property line and internal roadway setbacks of the principal buildings and shall be at least 25 feet from a principal building and 15 feet from another accessory building. Detached garages shall be at least 15 feet from a principal building or from any other garage or accessory building, provided that for each foot of building wall overlap in excess of 30 feet the minimum average distance between buildings shall be increased by one foot. Clubhouses, swimming pools and recreation facilities shall be at least 100 feet from a property line.

Height. The maximum height of an accessory building shall be 15 feet except for clubhouses which shall not exceed 28 feet in height.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.

Except to the extent inconsistent with the specific provisions of this subsection, the provisions of Subsection 30-96.13 shall be complied with.

Signs. The provisions of § 30-98 shall be complied with.

All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Township of Chatham road specifications; provided, however, that, upon recommendation of the Township Engineer, the requirement of curbing may be waived or modified when found not to be needed for control of storm water, protection of pavement and similar purposes.

Parking areas shall be located at least 10 feet from a building and 25 feet from a development property line.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, internal roadways shall be at least 24 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an existing intersection. Drives leading from internal roadways to parking areas shall be at least 20 feet in width. Parking on internal roadways and drives shall be prohibited.

The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.

There shall be provided a minimum of 40% of the entire tract for common open space. Said open space shall not contain any impervious surfaces, detention facilities or other structural or infrastructure improvements.

The common open space, where improved, shall be attractively landscaped with grass lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features including those in designated critical areas. All proposed landscaping, including existing and new trees, shrubs and natural screening shall be shown on the site plan submitted to the Planning Board for approval.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, sidewalks or walkways constructed in accordance with the Township specifications shall be provided in such locations and of such widths as required and approved by the Planning Board to insure safe and convenient pedestrian traffic.

Effective screening by a fence or wall no less than five feet nor more than seven feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties, provided, however, screening by hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board as part of the site plan.

Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential property.

Adequate provision shall be made for storm water drainage, water supply and sewage treatment and disposal.

All telephone, electric and CATV service, including outdoor lighting on the property, shall be by underground conduit.

Fire Hydrants. Fire hydrants shall be installed at locations specified by the Township. Such hydrants shall be provided with appropriate water pressure and otherwise adequately maintained by the owner or owners of the townhouse dwelling units. All such hydrants shall conform to the standards of the National Board of Fire Underwriters or Township requirements, whichever is more restrictive.

Solid Waste, Including Recyclable Materials. Suitable provision shall be made for the orderly deposit and pick-up of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of the Township Recycling Ordinance as well as the following:

Minimum Area. Each townhouse developer shall have a minimum area of 50 acres. Public or private roads, easements or rights-of-way shall not be deemed to divide acreage of a townhouse development.

Maximum Density. The density shall not exceed that already approved and developed for the zone or more than a total of 307 dwelling units.

Maximum Coverage. The total ground floor area of all buildings shall not exceed 15% of the lot area of the townhouse development. The total area of all impervious surfaces, including buildings, shall not exceed 30% of the lot area of the townhouse development.

No principal building shall be located within 100 feet of a public street or townhouse development property line nor within 35 feet of any internal roadway, except that the garage door wall portion of the building may be located not less than 25 feet from an internal roadway.

No dwelling structure shall have more than two continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

All buildings shall contain townhouses only, except that in a development containing at least 100 acres and at least 600 dwelling units, not less than 50% of the buildings shall contain townhouses only and not less than 40% of the total number of dwelling units shall be townhouses. The balance may be composed of manor houses containing manor units.

Height. No townhouse dwelling structure shall exceed a height of 2 1/2 stories or 35 feet, whichever is the lesser. No manor house shall exceed a height of 35 feet nor 2 1/2 stories at the front of the building and 3 1/2 stories at the rear of the building.

Units Per Building. Townhouses shall contain no less than two nor more than eight dwelling units. Manor houses and manor units shall meet the following requirements:

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a room for storage and utilities, and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum Floor Area. Each dwelling unit shall have a minimum floor area, as "floor area" is defined in Article 2 of this chapter, in accordance with the following schedule:

No room within the dwelling unit intended for human habitation shall be located in a basement or attic except that a basement may contain a family room or recreation room, provided, however, that manor houses may contain manor units in a basement level if the entire floor of any such manor unit is located above the adjoining grade and further provided that each manor unit has its own private outside entrance at the floor level or that a common outside entrance at that floor level is provided for each two manor units.

Each townhouse shall have at least two private outside entrances. Not more than eight manor units nor more than four manor units per floor shall be served by a common entry.

Each townhouse shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more townhouses or manor units shall be permitted.

Each townhouse shall have at least one individual private yard area, open patio or court adjoining the unit and having a width of at least 15 feet and an area of at least 150 square feet. Each manor unit shall have at least one individual private yard area, patio, court or deck adjoining the unit and having a width of at least 12 feet and an area of at least 75 square feet. Each private yard area, patio, court or deck shall be effectively screened in order to provide a reasonable degree of privacy.

In addition to the above requirements, a storage space with separate access and containing a minimum of 80 square feet of floor area shall be provided for each dwelling unit in the basement of the building in which the unit is located or in the garage serving the unit or in another accessory building. Storage space located in a garage shall not encroach upon or be located above a minimum area of 10 feet by 20 feet for the parking of a motor vehicle.

Minimum Area. Each development shall have a minimum area of 50 acres. Public or private roads, easements or rights-of-way shall not be deemed to divide acreage of a development.

Maximum Density. The density shall not exceed that already approved and developed for the zone or more than a total of 593 dwelling units.

For purposes of this Subsection c., a low income household is one having a total income which is not more than 50% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purpose of administering the Federal Housing Assistance payment Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentage may be amended from time to time as provided in Subsection o.

For purposes of this Subsection c., a moderate income household is one having a total income which is not less than 50% nor more than 80% of the median household income adjusted for household size in the Standard Metropolitan Statistical Area (SMSA), Newark, New Jersey Housing Region, as established by the United States Department of Housing and Urban Development (HUD) for the purposes of administering the Federal Housing Assistance Payments Program (Section 8) or by other generally accepted Federal or New Jersey data base. The aforesaid percentages may be amended from time to time as provided in Subsection o.

Prior to the rental or sale of any unit affordable to a low income household or a moderate income household, as the case may be, upon application by the developer the Planning Board, or designated regulatory agency, shall determine and establish the maximum rental or sales price for the particular unit in accordance with Subsection h2 below.

No principal building shall be located within 100 feet of a public street or exterior property line of the development nor within 25 feet of any internal roadway.

No townhouse structure shall have more than four continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

Buildings may contain either townhouse units, manor house units or both.

Height. No townhouse dwelling structure shall exceed a height of 2 1/2 stories or 35 feet, whichever is the lesser. No manor house shall exceed a height of 35 feet nor 2 1/2 stories at the front of the building and 3 1/2 stories at the rear of the building.

Units Per Building. Townhouse buildings shall contain no less than two nor more than eight dwelling units. Manor houses and manor units shall meet the following requirements:

Except for low and moderate income housing units, each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room. Low and moderate income housing units shall meet these same requirements, provided, however, that not more than 25% of said units may be efficiency units wherein the living room and bedroom combined and wherein kitchen facilities need not be separated from the combined living room/bedroom. In addition, the following mix of low and moderate income unit types shall be provided:

One bedroom or efficiency units - Maximum of 50%.

Three or more bedroom units - Minimum of 10%.

The unit type mix among low income and moderate income units shall be substantially the same.

For purposes of assuring affordability of housing units to low and moderate income households of varying sizes, it shall be assumed that housing units of different sizes will be occupied by households of different sizes as follows:

No room within a dwelling unit intended for human habitation shall be located in a basement or attic except that a basement may contain a family room or recreation room, provided, however, that manor houses may contain manor units in a basement level if at least 70% of the volume of any such manor unit is located above the adjoining grade and further provided that each manor unit has its own private outside entrance at that floor level or that a common outside entrance at that floor level is provided for each two manor units.

Each townhouse shall have at least two private outside entrances. Not more than 12 manor units nor more than six manor units per floor shall be served by a common entry.

Each townhouse shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more townhouses or manor units shall be permitted.

Each townhouse, other than a low and moderate income townhouse, shall have at least one individual private yard area, open patio or court adjoining the unit and having a width of at least 15 feet and an area of at least 150 square feet. Each manor unit, other than a low and moderate income manor unit, shall have at least one individual private yard area, open patio, court or deck adjoining the unit and having an area of at least 72 square feet. Each private yard area, open patio, court or deck shall be effectively screened in order to provide a reasonable degree of privacy.

Buildings containing low and moderate income housing units shall be aesthetically congruous with the surrounding area as approved by the Planning Board with the exteriors harmonizing architecturally with and being constructed of materials of a like character to those used for other buildings in the development. All buildings shall be constructed in accordance with the State Uniform Construction Code and shall comply with other applicable State and municipal requirements.

In addition to the above requirements, a storage space with separate access containing a minimum of 70 square feet of floor area and a minimum volume of 500 cubic feet shall be provided for each dwelling unit in a basement of the building in which the unit is located, in a garage serving the unit, attached to the unit, or in another accessory building. Storage space located in a garage shall not encroach upon or be located above a minimum area of 10 feet by 20 feet for the parking of a motor vehicle. For dwelling units intended for low and moderate income persons, the storage space need not exceed 40 square feet of floor area nor 300 cubic feet of volume.

Upon the initial sale or rental of low and moderate income housing units, preference shall be given to qualifying households which include persons residing within the Township or employed within the Township.

Where the number of applicants exceed the number of low and moderate income units available, the sale or rental of such units shall be in accordance with the date of application submitted, with earlier applicants being given preference over later applicants. The distribution of available units shall be consistent with the proportion of income categories as provided in Subsection 30-78.8d. Notwithstanding anything to the contrary contained herein, indigenous low or moderate income household applicants within the respective low and moderate income categories shall be given preference at all times over non-indigenous low or moderate income household applicants within the same category.

All applicants for the purchase or rental of low and moderate income units shall meet the income qualifications established in this section at the time the application is filed and shall be qualified at the time of taking title or occupancy.

In a multi-family development under management of a single landlord, all tenants of rented low and moderate income units shall be required to give proof of continued income qualifications the first and each subsequent anniversary date of taking occupancy. A tenant shall cease to remain qualified if total household income exceeds 125% of the moderate income limit. Any tenant household not remaining so qualified on the first or subsequent anniversary date of taking occupancy shall be required to vacate the rented unit upon nine months' written notice if there is a qualified applicant available for such unit; provided, however, that a household that ceases to meet the qualifications as a low income household, but does meet the qualifications as a moderate income household, may continue to occupy the unit, and the next unit to become available which is owned by the same owner as the unit changing from low to moderate income occupancy shall be rented to a low income household. Upon the issuance of the written notice to vacate, the limitation of rental charges as set forth in this chapter shall cease to apply and until the subject unit is vacated the owner shall be entitled to an increase in rent, provided that the increase does not exceed 30% of the amount by which the tenant's income exceeds the current maximum income limitation for a moderate income household. In the implementation of this Subsection k4, income limitations shall be as adjusted for household size.

Any plan for controlling the resale of low and moderate income units shall permit the owner of such units, upon resale, to sell that unit for:

Any such plan shall provide that the low income units upon resale may be sold only to low income households, and the moderate income units to either low or moderate income purchasers; provided, however, that the administering agency may establish reasonable provisions for waiver of this condition on a case by case basis in the event it finds that a particular unit may not feasibly be sold subject to this condition. In the event that the administering agency grants such a waiver, it may provide that the unit be sold at the formula price, and that the resale controls remain in effect for any subsequent sales of the unit.

The Township may administer these controls directly, or may enter into an agreement with a nonprofit corporation or other governmental entity, or may permit the developer to administer these controls, either directly or through a nonprofit entity established by the developer, but in no event may the Township require the developer to administer these controls as a condition of approval, nor may the resale controls be administered merely by the existence of a deed restriction on the property.

Resale controls shall be embodied in a deed restriction on the property that shall be submitted by the developer at the time of preliminary site plan approval, and shall be subject to approval by the Township Attorney and the administering agency. All deed restrictions shall be consistent with all of the provisions of this section, and with any regulations or guidelines adopted by the administering agency.

Where units are offered as rental units, they shall continue to be offered as rental units for as long as the unit owner desires. During the first 30 years the unit owner may sell low income units at prices affordable to low income households and moderate income units at prices affordable to moderate income households in accordance with the previously established guidelines.

The administering agency, subject to review by the Township at the option of the governing body, shall adopt such regulations and guidelines as may be necessary to carry out the provisions of this Subsection 30-78.81.

Site plan application filing fees;

Fees for construction permits, except those portions required to be paid to the State and to the third-party electrical inspection agency; and

Fees for certificates of occupancy.

Minimum Area. Each apartment development shall have a minimum area of 20 acres.

Maximum Density. There shall be no more than eight dwelling units per acre.

Maximum Coverage. The total ground floor area of all buildings shall not exceed 15% of the lot area of the apartment development. The total area of all impervious surfaces, including buildings, shall not exceed 30% of the lot area of the apartment development.

No principal building shall be located within 75 feet of a public street or property line nor within 25 feet of any interior roadway.

No dwelling structure shall have more than two continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

Height. No building shall exceed a height of 2 1/2 stories or 35 feet whichever is the lesser.

Units Per Building. No apartment structure shall contain less than four nor more than 12 dwelling units.

Not more than eight apartment units nor more than four apartment units per floor shall be served by a common entrance.

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 600 square feet plus 150 square feet for each habitable room other than a living room, dining room or kitchen.

A storage space with separate access and containing a minimum of 80 square feet of floor area shall be provided for each dwelling unit in a basement of the building in which the unit is located, in a garage serving the unit or in another accessory building.

There shall be no living quarters in any basement or attic. No attic shall be used for storage or for any purpose other than radio or television antennae.

Prior to the creation of any tenancy of any dwelling unit and prior to any sale or transfer title to any dwelling unit and prior to any change in possession of any dwelling unit, a certificate of age compliance shall be required. The proposed purchaser or transferee in the case of a transfer of title or the owner of the premises in the case of the creation of any new tenancy or the new possessor of the premises in the case of any change in possession shall certify to the Zoning Officer that the use of the premises shall comply with the terms of this chapter. The certificate of age compliance shall include a certificate indicating the name and date of birth of each intended occupant. If required by the Zoning Officer, the applicant shall produce satisfactory evidence of date of birth of the occupants. In the event that the occupancy of the premises is by a person over 20 but under 55 years of age as permitted under the definition of "senior housing" in § 30-6 of this chapter, the certification shall include sufficient data to support the representation that his or her occupancy is essential to the physical care or economic support of the other eligible occupants.

The certificate of occupancy issued under the provisions of this chapter shall contain a provision setting forth the limitations upon the occupancy of the dwelling unit as required by the terms of this section.

Following the death of any age-qualified resident of a senior housing unit, the decedent's spouse or a person living with decedent in a permanent and stable relationship as defined in § 30-6 in the definition of senior housing, may continue to occupy such unit even if under 55 years of age.

Minimum Area. Each senior housing development shall have a minimum area of 10 acres; provided, however, that there shall be a minimum area of nine acres when existing single family dwellings fronting on an existing public street are retained as required in Subsection h below.

Maximum Density. There shall be no more than 3 1/2 dwelling units per acre of land devoted to senior housing, but not more than a total of 32 units.

Maximum Coverage. The total ground floor area of all buildings shall not exceed 15% of the lot area of the senior housing development. The total area of all impervious surfaces, including buildings, shall not exceed 30% of the lot area of the senior housing development.

No building which is part of a senior housing development shall be located within 225 feet of an existing public street, nor shall any principal building be located within 50 feet of a property line or within 25 feet of any interior roadway.

No senior housing structure shall have more than two continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

Height. No building shall exceed a height of 2 1/2 stories or 35 feet whichever is the lesser.

Units Per Building. No senior housing structure shall contain less than two nor more than four dwelling units.

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum Floor Area. Each dwelling unit shall have a minimum floor area of 1,500 square feet.

Notwithstanding the foregoing provisions, all existing single family residences fronting on an existing public street and located in the R-5A Zone shall be retained without age restriction on lots meeting the requirements of Subsection h2 below in order to preserve the established residential character along the public street, except that one such residence may be removed, if necessary, in order to provide space for access to the senior housing development from such existing public street.

Notwithstanding the provisions of Subsection 30-75.2, Schedule of Zoning Requirements, existing single family residences referred to in Subsection h1 above shall meet the following bulk requirements:

Replacement Housing. If an existing single-family residence which is retained in accordance with the requirements of Subsection h1 and h2 above, at some time in the future is demolished (intentionally or unintentionally) and replaced with a new single-family residence, such replacement residence shall be required (only) to meet the bulk requirements of Subsection h2 immediately above and not the build requirements generally applicable to single-family residences in the R-5A Zone as set forth in Subsection 30-75.2 (Schedule of Zoning Requirements of the Land Development Regulations of the Township of Chatham).

Principal Uses - One-family dwellings and multifamily dwellings or any combination thereof.

Accessory Uses - Indoor and outdoor recreation facilities, including clubhouse, meeting areas and active and passive recreation.

Minimum Area. Each development shall have a minimum tract area of 30 acres. Public or private roads, easements or rights-of-way shall not be deemed to divide acreage of a development.

Maximum Density. Two dwelling units/acre, not to exceed a total of 54 units, except as provided in § 30-78.13n1 below.

Minimum Lot Size Per Dwelling. A minimum lot size per dwelling of 1,200 square feet shall be required for all fee simple dwelling units.

The total ground floor area of all buildings shall not exceed 15% of the lot area of the development.

The total area of all impervious surfaces shall not exceed 30% of the lot area of the development.

No principal building shall be located within 50 feet of a public street or exterior property line of the tract nor within 20 feet of any internal roadway.

No dwelling structure shall have more than two continuous attached dwelling units with the same front building line, and variations in the building line shall be at least four feet.

Height. No building shall exceed a height of 2 1/2 stories or 35 feet, whichever is lesser, except that existing buildings in excess of the permitted number of stories or height may be re-used for any permitted principal or accessory use. Building height shall be the vertical distance measured from the average post-development ground elevation as measured from the four corners of the building to a horizontal plane projected from the highest point of the roof. However, for locations in which the elevation is, for reasons of topography, one full story or less lower at the rear of the building than at the front, the height shall be measured from an average of the front two elevations only, provided that neither of the elevations at the rear two corners of the building are more than 10 feet below the front two corners of that building.

Units Per Building. No building shall contain more than four dwelling units.

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a room for storage and utilities, and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum Floor Area. Each dwelling unit shall have a minimum floor are, as "floor area" is defined in Article 2 of this chapter, in accordance with the following schedule:

No basement shall contain a bedroom.

Each dwelling unit shall have at least two private outside entrances.

Each dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more units shall be permitted.

Each dwelling unit shall have at least one individual private yard area, open patio or court adjoining the unit and having a width of at least 15 feet and an area of at least 150 square feet. Each private yard area, patio, court or deck shall be effectively screened in order to provide a reasonable degree of privacy.

In addition to the above requirements, a storage space with separate access and containing a minimum of 80 square feet of floor area shall be provided for each dwelling unit in the basement of the building in which the unit is located or in the garage serving the unit. Storage space located in a garage shall not encroach upon or be located above a minimum area of 10 feet by 20 feet for the parking of a motor vehicle.

The layout and arrangement of buildings and their design shall incorporate energy saving and green design features where practicable.

Setbacks. Accessory buildings shall meet the street, property line and internal roadway setbacks of the principal buildings and shall be at least 25 feet from a principal building and 15 feet from another accessory building. Detached garages shall be at least 15 feet from a principal building or from any other garage or accessory building. Clubhouses, swimming pools and recreation facilities shall be at least one 100 feet from a property line.

Height. The maximum height of an accessory building shall be 15 feet except for clubhouses which shall not exceed 28 feet in height. Existing buildings in excess of the permitted number of stories or height may be reused for any permitted principal or accessory use.

When a clubhouse or other accessory building is attached to a building containing a permitted principal use, the bulk requirements for the permitted principal use shall apply.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.

Except to the extent inconsistent with the specific provisions of this subsection, the provisions of Subsection 30-96.13 shall be complied with.

Signs. The provisions of § 30-98 shall be complied with.

All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Township of Chatham road specifications; provided, however, that, upon recommendation of the Township Engineer, the requirement of curbing may be waived or modified when found not to be needed for control of storm water, protection of pavement and similar purposes.

Parking areas shall be located at least five feet from a building and 25 feet from a development property line.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, internal roadways shall be at least 24 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an existing intersection. Drives leading from internal roadways to parking areas shall be at least 20 feet in width. Parking on internal roadways and drives shall be prohibited.

The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.

Sidewalks shall be provided along at least one side of any internal road serving the development.

A public trail network shall be provided around and through the site and shall be designed to connect with any nearby public trail or sidewalk system.

Unless otherwise provided in the New Jersey Residential Site Improvements Requirements, minimum requirements for off-street parking spaces shall be as follows for low and moderate income housing units:

There shall be provided a minimum of 40% of the entire tract for common open space, which shall be deed restricted against future development and managed by the homeowners association. Said open space shall not contain any impervious surfaces, detention facilities or other structural or infrastructure improvements.

The common open space, where improved, shall be attractively landscaped with varieties of flowering plants, grasses, trees and shrubs that will serve to minimize water use. Provision shall be made for the protection and preservation of existing trees and the prominent hedgerow along Hillside Avenue as well as natural features including those in designated critical areas.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, sidewalks or walkways constructed in accordance with the Township specifications shall be provided in such locations and of such widths as required and approved by the Planning Board to insure safe and convenient pedestrian traffic.

A naturalized trail around the perimeter of the property shall be constructed by the developer and maintained and repaired by the HOA and such trail may be surfaced with wood chips or other suitable surface and need not be paved. A public access easement shall be provided allowing public access across the perimeter trail.

Effective screening by a fence or wall no less than five feet nor more than seven feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties, provided, however, screening by hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board as part of the site plan.

Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential property.

Additional Landscape Buffer. A landscape buffer from the adjacent property shall be provided where the physical height of the structure (post grade to highest point) exceeds 35 feet. The buffer shall consist of plants that will screen the structure from neighboring properties year-round. The buffer shall be a combination of deciduous and conifer trees and shrubs.

Landscape Standards:

Landscape Plan. The site plan shall include a landscape plan which shall be prepared by a landscape architect or other professional thoroughly familiar with landscape plant materials and design. Said plan shall include and show, at a minimum:

Guarantee. All elements of the landscape buffer shall be guaranteed by the applicant for the life of the development.

Maintenance. Any approved landscape plans are subject to being constructed and maintained as was presented for approval. This includes, but is not limited to, replacing dying or dead trees or shrubs, weeding landscape areas, mowing, etc.

Adequate provision shall be made for storm water drainage, water supply and sewage treatment and disposal.

All telephone, electric and CATV service, including outdoor lighting on the property, shall be by underground conduit.

Fire Hydrants. Fire hydrants shall be installed at locations specified by the Township. Such hydrants shall be provided with appropriate water pressure and otherwise adequately maintained by the owner or owners of the dwelling units. All such hydrants shall conform to the standards of the National Board of Fire Underwriters or Township requirements, whichever is more restrictive.

Solid Waste, Including Recyclable Materials. Suitable provision shall be made for the orderly deposit and pickup of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of the Township Recycling Ordinance as well as the following:

Prior to the issuance of any construction permit, or as a condition precedent to the grant of any approval of a development application by the Planning Board, Board of Adjustment or Zoning Officer, as applicable, a developer shall be required to enter into an agreement with the Township Committee to construct 24 low and moderate income, rental housing units at another site within the Township. The maximum number of market rate units on the site shall not exceed 54 units. At least 50% of the rental units shall be available to low income households with the remainder available to moderate income households. The required agreement shall make provisions for the developer's obligation to construct the affordable units at the other site and the phasing of construction of market units on the site shall provide for the construction of the affordable units in tandem with the market units according to the following phasing schedule: (a) the developer must submit a building permit application for the affordable housing at the other site by the time the first certificate of occupancy is issued for the market rate units on the site; (b) the developer must complete the foundation for the affordable housing at the other site by the time 40% of the market rate units on the site are completed; (c) the certificate of occupancy for the affordable housing at the other site must be issued by the time 70% of the market rate units on the site are completed.

The adaptive reuse of the existing residential structure shall meet the following standards to the maximum extent possible.

The existing residential structure has unique architectural features which shall be preserved through adaptive reuse of the structure.

The adaptive reuse of the structure shall consist of incorporating up to four individual residential units on the second and third floors. The first floor of the structure shall be repurposed as a clubhouse.

The original elements of the front facade of the structure may not be substantially altered in size or appearance. Rehabilitation shall include restoring the building's front exterior facade to its original profile to the maximum extent reasonably feasible. Repairs should involve the least intervention possible, concentrating specifically on areas of deterioration. When repair is not possible, replacement in-kind is encouraged, reproducing by new construction the original feature exactly, including the original materials, finish, detailing and texture.

Remediation of hazardous material such as asbestos and lead, if present, shall be mitigated in accordance with federal and state requirements. The mitigation measures must incorporate the restoration of existing architectural features to preexisting conditions to the maximum extent possible.

Retail stores and shops.

Cleaning and tailoring shops, provided there is no dry cleaning on the premises.

Restaurants in which patrons seated at tables and counters are served food and drink, including, in the case of food serving establishments, outdoor tables and chairs in the walkways immediately fronting such establishments when (1) a convenient, straight four-foot wide walkway is maintained, (2) food is neither ordered outdoors by a patron nor delivered outdoors by an establishment employee and (3) the outdoor eating area is kept clean, sanitary, and free of litter.

Theaters.

Banks and financial institutions.

Offices for professional, business and executive purposes.

Retail stores and shops.

Restaurants in which patrons seated at tables and counters are served food and drink, but not including outdoor dining.

No building shall be located within 300 feet of Treadwell Avenue nor within 200 feet of any other public street or Dodge Drive.

No building shall be located within 100 feet of any other property line.

No improvement whatsoever shall be constructed within 200 feet of Treadwell Avenue.

General.

Design Standards.

Maintenance Standards.

The installation of new above and underground storage tanks for the storage of petroleum and hazardous substances is prohibited in the Great Swamp Watershed Overlay District. Existing service stations and municipal facilities are exempt from this requirement provided that the storage tanks and piping are installed and maintained in accordance with current State and Federal laws and regulations.

An aboveground heating oil tank for on-site consumption is permitted provided it does not exceed 350 gallons for residential uses and 2,000 gallons for non-residential uses. Existing above and underground storage tanks are exempt until such time they are decommissioned.

The installation of above and underground piping, including transmission pipelines, for the transport of petroleum or hazardous substances is prohibited in the Great Swamp Watershed Overlay District. Pipes holding less than 50 gallons are exempt from the Township Code.

Containers of petroleum and hazardous substances with a capacity of less than 60 gallons are exempt from the Township Code.

The installation of new above and underground storage tanks for the storage of petroleum or hazardous substances is prohibited in the Upper Passaic River Watershed, except for aboveground heating oil tanks for on-site consumption of less than 350 gallons for residential purposes and 2,000 gallons for non-residential uses. Existing above and underground storage tanks are exempt until such time they are decommissioned.

The installation of above and underground piping, excluding transmission pipelines, for the transport of petroleum or hazardous substances is prohibited in the Upper Passaic River Watershed. Pipes holding less than 50 gallons are exempt from the Township Code.

The installation of transmission pipelines containing petroleum or hazardous substances are conditionally permitted in the Upper Passaic River Watershed provided they comply with the provisions of the Township Code.

Containers of petroleum and hazardous substances with a capacity of less than 60 gallons are exempt from the Township Code.

Setback: transmission pipelines must have a 100-foot setback from all habitable structures.

Hazardous substances, including petroleum products, stored, or transported near a Flood Hazard Area as delineated and defined by the Federal Emergency Management Agency or NJDEP shall be adequately protected so as to prevent the product from being discharged into a surface water body.

Installation of transmission pipelines shall comply with the following requirements:

An application for a conditional use of a transmission pipelines must meet the following requirements:

All transmission pipelines shall conform to 49 CFR 195, "Transportation of Hazardous Liquids by Transmission Pipeline," and any future supplements and amendments thereto. If any of these standards are less stringent than the requirements specified herein, the local municipal standards shall govern the installation.

Mapping Requirements.

Discharge Prevention Plan.

Discharge Cleanup Plan.

Visual Inspections and Monitoring.

Employee Training.

Security.

Standard Operating Procedures.

Recordkeeping.

Notification of Malfunctions in Discharge Detection Systems.

Aboveground storage tank installations shall be provided with secondary containment equal to 110% of the volume in the primary tank.

The base underlying the storage tank shall be made of or surfaced with a material impermeable to passage or chemical attack by the stored substance under the conditions of storage prevailing within the tank. Existing storage tanks shall be exempt from this requirement until such time as they may require substantial reconstruction or replacement, or the bottom is being replaced, unless the Township orders a storage tank removed from service because of the likelihood of a discharge. Before such a tank is returned to service, it must meet this requirement.

Pipes leading to and from aboveground storage tanks which enter the tank below the liquid level shall be equipped with valves that can be remotely activated or are readily accessible in the event of a leak or discharge, and which are sufficiently close to the tank that they can prevent the contents of the tank from escaping outside the secondary containment area in the event of a pipe failure outside the containment area. Such pipes shall not penetrate or pass through any walls, dikes or berms used as secondary containment, unless the impermeability or integrity of the secondary containment is not impaired.

A high-high liquid level pump cutoff device, with a level detector separate from the high liquid level detector, designed to stop flow at a predetermined level;

Direct communication between tank gauge and pumping station, such as direct line of sight, or telephone or radio communication; or

Fast response systems for determining liquid levels, which result in rapid shutdown of pumping.

Minimum area: each development shall have a minimum tract area of three acres. Public or private roads, easements or rights-of-way shall not be deemed to divide acreage of a development.

Maximum density: 12 dwelling units/acre.

Minimum lot size per dwelling: a minimum lot size of 1,200 square feet shall be required for all fee simple townhouse dwelling units.

The total ground floor area of all buildings shall not exceed 30% of the lot area.

The total area of all impervious surfaces shall not exceed 60% of the lot area.

No principal building shall be located within 30 feet of a public street or exterior property line of the tract nor within 10 feet of any internal roadway.

No townhouse dwelling structure shall have more than two continuous attached dwelling units with the same front building line, and such variations in the building line shall be offset at least four feet.

Height: no building shall exceed a height of 2 1/2 stories or 35 feet, whichever is the lesser, except that existing buildings in excess of the permitted number of stories or height may be re-used for any permitted principal or accessory use.

Units per building: no townhouse building shall contain more than six dwelling units.

Each dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a room for storage and utilities, and a kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with the exception of the dining room.

Minimum floor area. Each dwelling unit shall have a minimum floor area, as "floor area" is defined in § 30-6, in accordance with the following schedule:

No basement shall contain a bedroom.

Each dwelling unit shall have at least two private outside entrances.

Each dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more units shall be permitted.

Each dwelling unit shall have at least one individual private yard area, balcony, deck, open patio or court adjoining the unit and having a width of at least 15 feet and an area of at least 150 square feet. Each private yard area, patio, court or deck shall be effectively screened in order to provide a reasonable degree of privacy.

In addition to the above requirements, a storage space with separate access and containing a minimum of 80 square feet of floor area shall be provided for each dwelling unit in the basement of the building in which the unit is located or in the garage serving the unit. Storage space located in a garage shall not encroach upon or be located above a minimum area of 10 feet by 20 feet for the parking of a motor vehicle.

The layout and arrangement of buildings and their design shall incorporate energy saving and green design features where practicable.

Setbacks. Accessory buildings shall meet the street, property line and internal roadway setbacks of the principal buildings and shall be at least 25 feet from a principal building and 15 feet from another accessory building. Detached garages shall be at least 15 feet from a principal building or from any other garage or accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 100 feet from a property line.

Height. The maximum height of an accessory building shall be 15 feet except for clubhouses which shall not exceed 28 feet in height. Existing buildings in excess of the permitted number of stories or height may be re-used for any permitted principal or accessory use.

When a clubhouse or other accessory building is attached to a building containing a permitted principal use, the bulk requirements for the permitted principal use shall apply.

Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement the style of construction of principal buildings.

Except to the extent inconsistent with the specific provisions of this subsection, the provisions of Subsection 30-96.13 shall be followed.

Signs. The provisions of § 30-98 shall be followed.

All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Township of Chatham road specifications; provided, however, that, upon recommendation of the Township Engineer, the requirement of curbing may be waived or modified when found not to be needed for control of stormwater, protection of pavement and similar purposes.

Parking areas shall be located at least five feet from a building and 15 feet from a property line.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, internal roadways shall be at least 24 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an existing intersection. Drives leading from internal roadways to parking areas shall be at least 20 feet in width.

The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.

Sidewalks shall be provided along at least one side of any internal road serving the development.

Unless otherwise provided in the New Jersey Residential Site Improvements Standards, minimum requirements for off-street parking spaces shall be as follows for low- and moderate-income housing units:

There shall be provided a minimum of 30% of the entire tract for common open space, which shall be deed restricted against future development and managed by the homeowners association. Said open space shall not contain any impervious surfaces, detention facilities or other structural or infrastructure improvements.

The common open space, where improved, shall be attractively landscaped with varieties of flowering plants, grasses, trees and shrubs that will serve to minimize water use. All proposed landscaping, including existing and new trees, shrubs and natural screening shall be shown on the site plan submitted to the Planning Board for approval.

Except as otherwise provided in the New Jersey Residential Site Improvement Standards, sidewalks or walkways constructed in accordance with the Township specifications shall be provided in such locations and of such widths as required and approved by the Planning Board to insure safe and convenient pedestrian traffic.

Sidewalks shall be provided along Southern Boulevard within the development.

Effective screening by a fence or wall no less than five feet nor more than seven feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties; provided, however, screening by hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board as part of the site plan.

Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent property.

Adequate provision shall be made for stormwater drainage, water supply and sewage treatment and disposal.

All telephone, electric and CATV service, including outdoor lighting on the property, shall be by underground conduit.

Fire hydrants. Fire hydrants shall be installed at locations specified by the Township. Such hydrants shall be provided with appropriate water pressure and otherwise adequately maintained by the owner or owners of the dwelling units. All such hydrants shall conform to the standards of the National Board of Fire Underwriters or Township requirements, whichever is more restrictive.

Solid waste, including recyclable materials. Suitable provision shall be made for the orderly deposit and pickup of solid waste, including recyclable materials. The locations and numbers of all facilities for such purposes shall be subject to approval by the Planning Board and shall meet all regulations of the Township Board of Health and applicable provisions of § 18-1 of the Revised General Ordinances of the Township of Chatham as well as the following:

Prior to the issuance of any construction permit, and as a condition precedent to the grant of any approval of a development application by the Planning Board, Board of Adjustment or Zoning Officer, as applicable, a developer shall be required to enter into an agreement with the Township Committee to construct at least 15% to 20% of all dwelling units as low- and moderate-income housing units as prescribed in Subsection 30-84m2 below. At least 50% of the rental units shall be available to low-income households with the remainder available to moderate-income households. The required agreement shall make provisions for the developer's obligation to construct the affordable units and the phasing of construction of market units shall provide for the construction of affordable units in tandem with the market units according to the requirements of N.J.A.C. 5:93-5.6(d).[1]

The required minimum residential densities and affordable housing set-asides shall be as follows:

Office building.

Indoor storage.

Water quality laboratory.

Adult and family programs.

The minimum lot area shall be three acres.

Minimum front yard setback shall be 80 feet.

Minimum side yard setbacks shall be 50 feet each and 100 feet combined.

The property shall have access to a public street, either directly or via an easement or other right of way.

Adequate off-street parking and loading shall be demonstrated.

Permitted activities may be conducted both outdoors and within the principal building and one accessory building.

Adult and family programs shall not exceed 100 attendees and shall end no later than 9:00 p.m.

Student experiential learning programs shall require one chaperone for every 10 students and no more than one school bus load of students shall be on the property at any time.

A split rail fence shall be installed to delineate outdoor activity areas at a height and location and at such time as determined by the Planning Board.

No lot shall contain more than two accessory buildings, only one of which may be a detached garage.

An accessory building, other than a detached garage, shall have a maximum lot coverage area of 150 square feet. A detached garage shall have a maximum lot coverage area of 500 square feet.

Except for structures used in connection with farming operations, no accessory structure shall exceed a height of one story and shall not exceed 15 feet, provided that a detached garage may have a height not exceeding 18 feet. Accessory structures used in connection with farming operations shall not exceed a height of 35 feet.

Except for ornamental structures such as flagpoles and lampposts, no accessory structure shall be located closer to a street than the principal building. On corner lots, an accessory structure shall not be located closer to a side street than the minimum front yard requirement for the adjoining lot.

Accessory structures located in side yards shall meet the sideyard setback requirements for principal structures. Except for structures, such as fences, which are regulated elsewhere in this chapter, accessory structures other than buildings shall not be located closer to a side property line than the height of the accessory structure. No patio shall be located closer to the side property line than the sideyard setback for the principle structure.

Accessory structures located in rear yards shall not be located closer to a property line than the minimum sideyard requirement for a principal structure. Except for structures, such as fences, which are regulated elsewhere in this chapter, accessory structures other than buildings shall not be located closer to a property line than the height of the structure, provided that no patio shall be located closer to the rear property line than the sideyard setback for the principle structure.

An accessory structure shall not be located closer than 10 feet to any other structure, except for patios which may abut another structure.

Other than electricity and water, accessory buildings shall have no utility services. Water closets are prohibited.

No fence, architectural wall, landscape retaining wall, or structural retaining wall shall be erected within a public right-of-way.

No fence, architectural wall, landscape retaining wall, or structural retaining wall shall be erected within a sight triangle easement.

Any fence, architectural wall, landscape retaining wall or structural retaining wall used to contain livestock shall be located at least 10 feet from a property line or a street right-of-way.

Maximum Height.

The use of barbed wire or wire on which barbs or points are strung is prohibited.

Any architectural wall or fence facing on a street or property line shall have the front surface exposed to said street or property line.

Landscape Retaining Walls.

Structural Retaining Walls.

The applicant shall demonstrate how all segments of the structural retaining wall, including any bench area located between two tiered wall sections, shall be maintained.

The applicant shall demonstrate how the structural retaining wall will be replaced at the end of the wall's useful life.

The top of any structural retaining wall, or tiered wall, with a total height of greater than four feet, shall be protected through the use of fencing or, in the alternative, densely planted vegetation.

The bench, or area between the top of one tier and the bottom (toe) of the next higher tier, shall be properly graded to facilitate drainage.

No landscaping shall be installed in the vicinity of any structural retaining wall with a root system of such magnitude to exert lateral pressure, or otherwise cause damage to the wall assembly.

Portable Home Storage Unit-A portable shed or storage container, storage unit, shed-like container or other portable structure that can or may be used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure.

A portable home storage unit may be placed upon any property only upon the issuance of a permit by the Zoning Officer. The applicant must submit an insurance certificate providing liability insurance in the amount of $100,000 by the company supplying the unit. The application fee is $25.

Permits will be granted for a period of 90 days. At the expiration of the ninety-day period, the permittee may seek one extension of the permit for up to an additional 90 days for an additional fee of $25.

Portable home storage units are prohibited from being placed in streets or in front yards of a property. Such units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces. The applicant must obtain preapproval from the Zoning Officer in the following situations:

This subsection shall be enforced by the Police Department and the Zoning Officer.

The erection of any new structure, any addition, repair or renovation to an existing structure involving an extension of the foundation of the existing structure, any of which is not shown upon an approved site plan; or

Any of the following activities:

The demolition of a structure if the land disturbance beyond the footprint of the structure exceeds 1,000 square feet (excluding the square feet of the structure).

The Township Construction Official may grant a waiver from the requirements of this subsection with respect to an addition to a single-family dwelling if the Township Construction Official determines that the addition involves less than 1,000 square feet of impervious coverage, does not affect any steep slopes or critical areas, and does not require any significant changes in the existing grading of the lot. Any such determination shall be made upon the basis of the construction plans and such further information as may be requested from the owner of the property by the Township Construction Official.

The lot grading plan shall be approved by the Township Engineer prior to the issuance of a construction permit. Initially, said approval shall constitute authorization only to construct the foundation of the building. The lot grading plan shall be accompanied by architectural plans showing the height of the building in order to allow determination of compliance with the height limit established by this chapter, in accordance with the procedure set forth in this subsection. The first floor elevation of the building shown on the lot grading plan shall be within 18 inches of the first floor elevation shown on any grading plan, which was part of an approved subdivision plat.

Drywells, if required, shall be installed at the same time as the building foundation is being constructed. Upon construction of the foundation and drywells, and prior to framing or other further construction, the applicant shall submit an "as-built" foundation survey confirming that the first floor elevation of the building is within the 18 inches of the first floor elevation as shown on said approved subdivision plat. If the property is not the subject of a grading plan on an approved subdivision plat, the as-built foundation survey shall confirm that the first floor elevation is located within 18 inches of the elevation as shown on the lot grading plan. The foundation survey shall also illustrate the as-built location of the drywells. An engineer's certification that the drywell has been installed in accordance with NJDEP BMP manual must be provided with the foundation survey. Any exceptions shall be noted in the engineer's certification. No further construction shall be authorized unless the as-built elevation drawings indicate that the height of the building satisfies the height limit established by this chapter and that the drywells will function properly.

Following approval by the Township Engineer of the as-built foundation survey, and upon framing to the ridge of the roof, but prior to any sheathing or other construction, as-built elevation drawings of the building shall be submitted. No further construction shall be authorized unless the as-built elevation drawings indicate that the height of the building satisfies the height limit established by this chapter.

The plan shall be prepared by a professional engineer licensed in New Jersey and shall be drawn to a scale of not less than one inch equals 30 feet, but may be supplemented by a key map of smaller scale, and shall be prepared in sufficient detail to show the following:

$1,000 for a lot grading plan that involves a new or substantially improved principal structure.

$400 for an addition to an existing structure, accessory structure or land disturbance of over 1,000 square feet.

An additional application fee in an equal amount to the original must be submitted for each revised plan as determined by the Township Engineer. This fee is to cover the costs of the review of the plan by the Township Engineer of the submitted plans.

In addition to standard lot grading fees, all applications proposing to disturb steep slopes shall also pay an inspection fee for Township officials to monitor construction activities. The initial inspection fee shall be $0.25 per square foot of steep slope disturbance. Any violations of the approved lot grading plan may result in additional inspection fees being imposed.

Additional inspections. In the event that more than one inspection of a property are required to be made by the Township Engineer either by reason of a provision for temporary measures to prevent adverse effects upon abutting lands or by reason of a failure to comply with an approved lot grading plan, then the owner of the property shall pay to the Township an inspection fee for each additional inspection. Inspection fee shall be calculated in accordance with contractual prevailing rates with the Township's professionals. All fees for any such additional inspections shall be paid to the Township prior to the issuance of a certificate of occupancy for the new structure or within 30 days upon the Township's receipt of the costs incurred.

Engineering and legal costs incurred by the Township in addressing or resolving violations of this chapter shall be paid to the Township by the applicant in accordance with contractual prevailing rates with the Township. Payment of costs shall be made within 30 days upon the Township's receipt of the costs incurred.

Driveway grades shall not exceed 15%, except that under unusual conditions and for short distances the Township Engineer may approve grades not exceeding 18%, provided the average centerline grade of the driveway does not exceed 15%.

There shall be no change in existing grade that raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade, which raises any portion of the lot within 15 feet of a property line to an elevation that is more than four feet above the existing ground level at the property line. Any new grade shall be at an even slope with the toe of the slope at the ground level which exists at five feet inside the property line; provided, however, that, when necessary, swales shall be created in order to control surface waters in a manner that will protect abutting lands. Retaining walls shall not exceed six feet in height provided that for each six inches in height above the pre- or post-construction grade at the toe of the wall, a retaining wall shall be set back one foot from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions.

Grades steeper than one (vertical) to three (horizontal) should be avoided. In cases where these grades are unavoidable, provisions for soil stabilization, access and maintenance of those areas must be provided to the Township Engineer for approval.

An area of at least 10 feet in width around the foundation of any building shall be graded downward, away from the foundation, in accordance with the requirements of the New Jersey Uniform Construction Code.

The lot grading plan complies with the terms and conditions of any development permit issued with respect to the lot pursuant to the provisions of Article 10 (§ 30-113 et seq.).

Roof runoff from any roofed area shall be in accordance with the New Jersey Uniform Construction Code.

On-site stormwater management. The applicant shall establish adequate measures for on-site stormwater management, including BMPs, meeting the following requirements:

The lot grading plan shall comply with New Jersey's soil erosion and sediment control standards.

If the lot grading plan contains a structural retaining wall, a copy of the structural calculations, signed and sealed by an engineer or architect licensed in the State of New Jersey shall accompany the plans. All structural retaining walls must conform to the requirements of Subsection 30-96.15.

For increases of impervious cover greater than 1,000 square feet, the minimum design and performance standards for groundwater recharge shall be as follows:

The lot grading plan shall fully comply with the Township of Chatham's present ordinance Ch. 22, Tree Management. If applicable, a tree permit must be obtained.

The lot grading plan shall fully comply with the Township of Chatham's present ordinance Ch. 19, Streets and Sidewalks. As applicable, a road opening permit must be obtained for work within the municipal right-of-way.

All work remaining to be performed in order to effectuate full compliance with the lot grading plan;

The estimated cost of each phase of the work to be performed; and

The date by which all remaining work shall be completed.

Regulation of recreational/sports facility lighting for fields is necessary to prevent the cause of unnecessary skyglow, to prevent light trespass and to reduce unnecessary glare caused by inappropriate or misaligned light fixtures and/or the inappropriate location of light poles. These standards are intended to save energy and reduce costs and to preserve and protect adjacent residential neighborhoods from unnecessary lighting impacts.

Where used for sports or recreational fields, all lighting fixtures shall comply with the following:

Redevelopment within the limits of existing impervious surfaces; and

New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.

The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 15% or greater slope.

Applicant is permitted to disturb slopes of greater than 25% up to 500 square feet in total area.

Not more than 20% of slopes ranging from 20% to 25% shall be disturbed and the area of disturbance of such slope area shall not exceed 5% of the lot area, except that any applicant is permitted to disturb slopes in this category up to 1,000 square feet in total area.

Not more than 30% of slopes ranging from 15% to 20% shall be disturbed and the area of disturbance of such slope area shall not exceed 10% of the total lot area, except that any applicant is permitted to disturb slopes in this category up to 3,500 square feet in total area.

Existing single-family residences with a lot size of 25,000 square feet or less are exempt from disturbance area limitations specified in Subsections 2 through 3 above.

Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this subsection are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this subsection apply.

Severability.

The provisions of this subsection shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

Minimum setback from a street: 100 feet.

Minimum setback from a residential zone property line: 100 feet.

Minimum setback from a nonresidential zone property line: 50 feet.

Not more than 10 parking spaces shall be located in the front yard. Said parking spaces shall be reserved for visitors and the handicapped.

No parking area shall be located closer than 10 feet to a building.

No parking area shall be located closer than 50 feet to a residential zone property line.

No parking area shall be located closer than 25 feet to any other property line.

Planting, growing, and harvesting of produce, fruit trees, flowers for cutting and bee keeping are the only activities permitted.

Erection of temporary greenhouses, provided that no such building shall be larger than 250 square feet in area per acre nor located in any front or side yard.

Construction of fences in accordance with the requirements of Subsection 30-96.15, and as may be required by the Planning Board as part of site plan approval.

Control of pests, including but not limited to insects, weeds, and diseases of plants, and in accordance with a farm conservation plan issued by the Soil Conservation District and the United States Department of Agriculture National Organic Program, and filed with the Township Clerk.

Use of irrigation pumps and equipment, tractors, harvest aids and bird control devices (excluding those that create noise, such as sirens or explosive devices). No equipment shall be stored outside in any front or side yard.

Replenishment of soil nutrients and improvement of soil tilth by tilling into the soil in accordance with a farm conservation plan meeting the requirements of the Soil Conservation District and the USDA National Organic Program.

On-site generated organic agricultural waste shall be tilled into the soil, placed in an enclosed composter, or removed from the premises in accordance with a farm conservation plan meeting the requirements of the Soil Conservation District and the USDA National Organic Program.

The application of manure and fertilizers in accordance with a farm conservation plan meeting the requirements of the Soil Conservation District and the USDA National Organic Program.

Installation of wells and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.

Approvals granted by the Morris County Soil Conservation District in the form of a farm conservation plan prepared in accordance with the USDA Natural Resources Service Field Office Technical Guide revised April 20, 1998, as amended and supplemented.

Any and all rules promulgated by the New Jersey Agricultural Development Committee and the New Jersey Department of Environmental Protection.

Site-specific horticultural management practices recommended by the Morris County Agriculture Development Board.

Recommendations of the Rutgers University Agricultural Experiment Station.

No farm equipment shall be stored outdoors within 25 feet of any lot line or in any front or side yard.

No tilling shall be permitted within five feet on any lot line.

Except for irrigation, which shall be permitted at any time, the foregoing activities and practices may take place on weekdays and Saturdays between 8:00 a.m. and sunset, and on Sundays and Federal holidays between 9:00 a.m. and 5:00 p.m., provided that operation of tractors, mowers, tillers, gasoline or diesel powered harvesting equipment is prohibited on Sundays and Federal holidays.

The keeping and grazing of livestock and poultry is prohibited.

No retail sales, farm stands, or "pick your own" or related operations are permitted.